Turner County herald. (Hurley, Dakota [S.D.]) 1883-19??, 1887-06-16
wv. G. II. u,
TEMPERANCE COLUMN
The Local Option Law,


AN AcTT PROHIBIT TIE SALE os !, ss;
ToNIcATINa LIQUORS by LocAI ~ s5j j
TIoN.
BE IT ENACTED BY THE LEe1sI ann. ss sS
ASSEMBLY OF TIE TERRlronY :,
DAKOTA:
Section |. If a petition signed by
least one-third (15> of the legal yot,, 4 sss
of any county, as shown by the preces
ing general election, shall be presen,a Ss
to this county commissioners Of N, III
county, at least sixty (60) days befo,. a.
the Tuesday next after the first Mon q:
day in November, in the year 1885,, pr,, ';ssi is
ing that the question of prohibition !,
the sale of Intoxicating liquors be suh
initted to vote of such county, it SHAH
be the duty OF the board of count
commissioners to order an election 4 q
be held on first Tuesday next after Ii,
first Monday in November, lSS7m
which election the qualified voters !,
such county shall vote upon the aus ss
tion of prohibiting thesale of intoxica. IS
ing liquors in such county. Such els, III
ton shall be in all respects conducted N
as general elections are conducted. q
Sec.2. All persons voting at an,
election held under the provisions Of
this act, who are opposed to the sale Of Il
such intoxicating liquors, shall haye s
written or printed on their ballots Il
/" Against the Sale," and those who Z
favor the sale Of such Intoxicating b
liquors, shall have written or printed Z
on their ballots, " For the Sale"
Sec.3. Should a majority of the bal /
lots cast at such election be "Against
the Sale," it shall be unlawful for the
board of county commissioners of such
county to issue or grant a license for
the sale of intoxicating liquors in such
county, or for any common council OF
officers of any incorporated town, city
or village in said county, to grant or
issue any license for the sale of such
intoxicating liquors.
Any board, officer or person violating
the provisions of this act, shall be
deemed guilty OF a mlsdemeanor, and
upon conviction thereof be fined a sum
not exceeding one thousand $1,000 dol
lars and not less than two hundred
(20O dollars, or Imprisonment in the
county Jail for Il term not exceeding
ope CD year, or both such fine and I'M
prisonment in the discretion of the
court.
Sec. a. At any general election, but
at no other time; the question of pro-
hibiting the sale of intoxicating liquors
shall be again submitted to vote of
the qualified electors of any county if
one-third of the voters of such county,
as evidenced by the vote cast at the last
preceding general election, petition
the board of commissioners therefor.
TIE result of any election held under
the provisions of this act shall remain
in force until changed at some subse-
quent election held hereunder.
Sec. 5. In addition to the penalties
now prescribed by law, any pers on or
persons who may sell any Intoxicating
liquors without a license having been
duly granted as provided by law. or
where the license is granted in viola.
tion Of this act, shall be RESTRAINED
from SO doing by proper injunctM
issued by the court or a Judge thereoi.
And any person may secure such in.
junction, and may use the name of the
county as plaintiff in the suit, and 40
security shall be required. and the dis
trict attorney of such county shall in
all things conduct such prosecution.
Sec. 6. All acts, special or general, 50
far as they conflict with the provisions
of this act are hereby repealed.
Provided, that upon the canvass Of
the vote taken as provided by this act
where the result shall have been de,
clared to be against the sale, the com,
missioners of any county within which
such election may be held. shall at the
first regular meeting thereafter revoke
all licenses heretofore granted and re,
fund any amount which may be due
any person by reason of such reyoca,
ton.
Provided, however, that this act
shall not be construed to repeal Chap.
ter one hundred and fifty u5V of tht
General Laws passed at the Sixteenth
Session of the Legislative Assembly o.
the Territory of Dakota.
Sec. Z. This act shall take effect and
be in force from and after its passage
and approval.
Approved March 1lth, 1887.
United States of America, Territory Of
Dakota, Secretary's Office.
l, NJ. L. Mccormack, Secretary of tns
Territory of Dakota, do hereby certify
that have carefully compared tht
foregoing copy of An Act to prohib BIZ
thesale of intoxicating Liquors by
Local Option with the enrolled origina
now on file in this Office, and that thu
same is correct transcript therefrom
and of the whole thereof.
In testimony whereof, l have hereun
to set my hand and affixed the great
seal of the Territory of Dakota. at Bis
marck, this 22d day of March, 1887.
GREATl M. L.McCoRaIAcK,
| SEAL. ] Secretary of Dak., Territory
Chapter $50 prohibits the sale of in
toxicating liquors within three miles
of the Dakota University at Vermillon
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